The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-07
AN UNFIT APPOINTMENT.


The President has nominated Secretary
Lamar for judge of the Supreme Court. The
appointment is not fit one to be made, and
it should be rejected. There are several
reasons why he should not be confirmed.
In the first place, he is not qualified for
the position, either by education or train
ing. Mr.. Lamar is by no means great law
yer, and was never so regarded even in the
South, where lawyers are called great who
would not rank higher than third-rate in any
Northern city. He was merely respectable
local lawyer. After practicing two years in
Georgia, he reinquished the profession to
become a professor of mathematics. After
teaching few years he entered politics. and
after that never gave much attention to the
law. He is not learned in the law, and he
does not possess a legal mind. His acces-
sion would lower the court in tie eyes of the
profession, and would be notice to the world
that may aspire to the Supreme Bench
without being great lawyer. In addition to
his lack of professional qualifications and
experience, Mr.. Lamar is too old to be made
Judge of the Supreme Court. He is sixty
two years old. Under the law federal judge
may be retired at seventy. Mr. Lamar is,
therefore, within eight years of the age fixed
by Congress for retiring. He is too old to
learn new duties. None of the present judges
were so old at the time of their appointment
Chief justice Waite ffty-seven when he
was appointed; Justice Miller fortyssts:
Justice Field was forty-seven and the others
less than fifty. a man at sixty-two, even if
he were learned in the law and fresh from
professional studies, is too old to keep up with
these trained judges of long experience. A
third objection to Mr.. Lamar, altogether apart
from professional qualifications ability, Is
his rebellion record. He resigned a, seat in
Congress to take one in the secession conven-
ton of Mississippi, and subsequently entered
the confederate army. He spent year in
Europe, at the solicitation of Jefferson Davis,
trying to have the independence of the Con-
federacy recognized, and to form foreign
alliances. In speech delivered at Richmond,
in 1862, referring to Abraham Lincoln, hesaid:
ga vulgar buffoon now disgraces the chair
once occupied by Washington and Jefferson"
More recently in the Senate OF the United
States, replying to Senator Sherman, he said
no person should call Jefferson Davis traitor
in his hearing without receiving his instant
and indignant denial. Mr.. Lamar belongs to
the class of Southerners who accept the situa-
ton because they have to. He has never
L
he admits that the sovereignty of the United
States has been established by the war, he is
still believer in State sovereignty. He is
an enthusiastic admirer of John C. Calhoun,
on whom he delivered an elaborate eulogy
few months since, and has shaped his political
faith and career on Calhoun's writings
and speeches. 1t was Mr. Lamar's familiarity
with these that first commended him to the
Southern people, and opened the way for his
entrance into political life. In the South he
has been spoken of as "a great constitutional
lawyer" This means that he is thoroughly
versed in the Calhoun doctrine and con-
structon of the Constitution. All this may
not detract from Mr.. Lamar's standing in
public Offices but it adds to his Disqualified
tions for Supreme Judge. Even if he were
learned in the law and of suitable age his views
in regard to State sovereignty, the abstract
right of secession and his belief in the Cal
houn school of constitutional construction,
would unfit him for Judge of the Supreme
Court. In that high tribunal these and
kindred questions apt to up in
the varied complications of our national
life for final adjudication. It is
important that there should not be even one
Judge of that court whose views of constitu-
tional law and construction have been mainly
acquired in the Calhoun school. IF there
were other objection against Mr.. Lamar
his views of the Constitution and of Constitu-
tional construction should be an insuperable
bar to his confirmation for Supreme Judge 1t
should be, but we are by no means sure it
will be. The President desired to reconstruct
his Cabinet. He wanted to retain Mr.. Villas
and make a place for Don Dickinson, the
Michigan boss. To this end he proposes to
unload Mr.. Lamar the Supreme Court. 1t
is an indecent scheme and should be frus-
trated. There are scores, aye hundreds of
able Democratic lawyers. qualified by learn
ing, character and experience for place on
the Supreme Bench, and who are not open to